JUDGMENT :

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. Aggrieved by the judgment dated 31/10/2012 of learned 4^th Additional Sessions Judge, Surendrangar, whereby the sole accused in Sessions Case No.34 of 2011 on the file of said court was acquitted of the charges levelled against him for the offence of murder and for screening of the evidence, the State has preferred this appeal assailing the legality and validity of the said judgment of the Sessions Court, Surendranagar.

2. Heard learned Additional Public Prosecutor Ms. Krina Calla for the State and learned counsel Mr.A. B. Gateshaniya for the respondent.

3. The facts of the prosecution case lie in a narrow compass and may be stated as follows:

3.1. The deceased by name Rajubhai@Babli and PW-2 are relatives. The accused is owner of a petrol Bunk. It is stated that when PW-2 approached the accused at his petrol Bunk and requested the accused to provide diesel to his loader vehicle on credit basis, the accused refused to supply diesel to PW-2 on credit basis. PW-2 got enraged and informed about the said fact to the deceased who is his relative. Immediately both, the deceased and PW-2, went on a scooter to question the